Texas Codes

Tex. Prop. Code § 21.0111 (2026)

Disclosure Of Certain Information Required; Initial Offer

✓ current as of May 2026

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Sec. 21.0111. DISCLOSURE OF CERTAIN INFORMATION REQUIRED; INITIAL OFFER. (a) An entity with eminent domain authority that wants to acquire real property for a public use shall, by certified mail, return receipt requested, disclose to the property owner at the time an offer to purchase or lease the property is made any and all appraisal reports produced or acquired by the entity relating specifically to the owner's property and prepared in the 10 years preceding the date of the offer.

(a-1) An entity seeking to acquire real property through the use of eminent domain shall, not later than the third business day before the date of a special commissioner's hearing, disclose to the property owner any and all current and existing appraisal reports produced or acquired by the entity relating specifically to the owner's property and used in determining the entity's opinion of value, if an appraisal report is to be used at the hearing.

(b) A property owner shall disclose to the entity seeking to acquire the property any and all current and existing appraisal reports produced or acquired by the property owner relating specifically to the owner's property and used in determining the owner's opinion of value. Such disclosure shall take place not later than the earlier of:

(1) the 10th day after the date of receipt of an appraisal report; or

(2) the third business day before the date of a special commissioner's hearing if an appraisal report is to be used at the hearing.

(c) An entity seeking to acquire property that the entity is authorized to obtain through the use of eminent domain may not include a confidentiality provision in an offer or agreement to acquire the property. The entity shall inform the owner of the property that the owner has the right to:

(1) discuss any offer or agreement regarding the entity's acquisition of the property with others; or

(2) keep the offer or agreement confidential, unless the offer or agreement is subject to Chapter 552, Government Code.

(d) A subsequent bona fide purchaser for value from the acquiring entity may conclusively presume that the requirement of this section has been met. This section does not apply to acquisitions of real property for which an entity does not have eminent domain authority.

Added by Acts 1995, 74th Leg., ch. 566, Sec. 1, eff. Aug. 28, 1995.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 7, eff. September 1, 2011.

Acts 2021, 87th Leg., R.S., Ch. 54 (S.B. 721), Sec. 1, eff. September 1, 2021.

Notes of Decisions

Cited in 11 cases (3 in the last 5 years), 2003–2025 · leading case: Pitts v. Sabine River Auth. of Texas, 107 S.W.3d 811 (Tex. App. 2003).

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Pitts v. Sabine River Auth. of Texas, 107 S.W.3d 811 (Tex. App. 2003). · cites it 8× “l, the landowners, Hollis and Sandra Pitts, bring the following points of error: (1) the evidence was legally and factually insufficient to support the trial court's finding that Sabine made a bona fide offer to purchase the same easement it sought to condemn; (2) the evidence…”

Dep't of Transp. Ex Rel. People v. Hunziker, 796 N.E.2d 122 (Ill. App. Ct. 2003). · cites it 2× “04 (2003); Tex. Prop. Code Ann. § 21.0111 (2001); Va.”

In Re State, 325 S.W.3d 848 (Tex. App. 2010). “” See Tex. Prop.Code Ann. § 21.0111 (West 2004) (requiring “governmental entity .”

Dep't of Transp. v. Tucker, 853 N.E.2d 749 (Ill. App. Ct. 2006). · cites it 2× “§ 7 — 711A (Michie 2004) (same); Tex. Prop. Code Ann. § 21.0111 (a) (West 2004) (same); Wis.”

Hollis D. Pitts & Sandra Pitts v. Sabine River Auth. of Texas (Tex. App. 2003). · cites it 4× “l, the landowners, Hollis and Sandra Pitts, bring the following points of error: (1) the evidence was legally and factually insufficient to support the trial court's finding that Sabine made a bona fide offer to purchase the same easement it sought to condemn; (2) the evidence…”

David Hornberger, in His Off. Capacity, Ryan Anderson, in His Off. Capacity, Brian Hamilton, in His Off. Capacity, Bonnie Giddens, in Her Off. Capacity, Lisa Krenger, in Her Off. Capacity, Perry Shankle, in His Off. Capacity, Stacy Sharp, in Her Off. Capacity, Dr. Dana Bashara, in Her Off. Capacity, & Alamo Heights Indep. Sch. Dist. v. Selina Jones, Roy Hummel & Leslie Michelle Pruitt (Tex. App. 2024). · cites it 2× “Tex. Prop. Code Ann. §§ 21.0111 , 21.012, 21.”

in Re State of Texas (Tex. App. 2020). “Tex. Prop. Code § 21.0111(a) (emphases added); see also Real Property, BLACK’S LAW DICTIONARY (11th ed.”

T.B. Farms, Ltd. v. Grand Prix Pipeline, LLC (Tex. App. 2025). “See TEX. PROP. CODE §§ 21.0111–.0113. If the condemnor and the landowner cannot agree on damages for a voluntary taking, the condemnor must file a condemnation petition in the appropriate court.”

in Re the State of Texas (Tex. App. 2010). “” See Tex. Prop. Code Ann. § 21.0111 (West 2004) (requiring “governmental entity .”

Dep't of Transp. v. Hunziker - Supp. filed & added 9/10/03 (Ill. App. Ct. 2003). “04 (2003); Tex. Prop. Code Ann. § 21.0111 (2001); Va.”

— Tex. Prop. Code § 21.0111(a) — 2 cases

Dep't of Transp. v. Tucker, 853 N.E.2d 749 (Ill. App. Ct. 2006). “§ 7 — 711A (Michie 2004) (same); Tex. Prop. Code Ann. § 21.0111 (a) (West 2004) (same); Wis.”

in Re State of Texas (Tex. App. 2020). “Tex. Prop. Code § 21.0111(a) (emphases added); see also Real Property, BLACK’S LAW DICTIONARY (11th ed.”

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